Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT allowed the appeal by way of remand, holding that the Country-of-Origin certificate remains valid for availing concessional duty rates but the adjudicating authority erred in failing to address key contentions. The matter is remitted for fresh adjudication to determine (i) whether notices for personal hearing were validly served, (ii) whether the DRI report was furnished to the appellant, (iii) the correct local value/content as per applicable rules vis-Ã -vis the verification findings, and (iv) the propriety of invoking the extended period of limitation. The adjudicating authority must furnish clear, reasoned findings on these issues and conclude proceedings within ten weeks from receipt of this order.
CESTAT allowed the appeal by way of remand, holding that the Country-of-Origin certificate remains valid for availing concessional duty rates but the adjudicating authority erred in failing to address key contentions. The matter is remitted for fresh adjudication to determine (i) whether notices for personal hearing were validly served, (ii) whether the DRI report was furnished to the appellant, (iii) the correct local value/content as per applicable rules vis-Ã -vis the verification findings, and (iv) the propriety of invoking the extended period of limitation. The adjudicating authority must furnish clear, reasoned findings on these issues and conclude proceedings within ten weeks from receipt of this order.
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